Nirmaljit Kaur, J. - (1.) THE prayer in the present petition is for quashing of the order dated 08.09.2008 (Annexure P -9) passed by Respondent No. 1, vide which, the claim of the Petitioner for counting the benefit of past service towards qualifying service has been rejected.
(2.) THE facts, in short, are that the Petitioner retired on superannuation while posted as Assistant in the Office of Estate Officer, HUDA, Faridabad on 30.11.2005. He was an employee of the Haryana Food and Supplies Department since 13.04.1973 as Sub -Inspector. On 11.09.1978, he was retrenched along with some other employees. The Chief Secretary to Government Haryana vide P -2 conveyed policy of Haryana Government directing all the MDs/Heads of Nigams/Cooperative Banks/HUDA etc. that in view of Haryana Government decision, these retrenched employees are to be absorbed first and till their absorption, No. other person is to be appointed. It was also directed that all Heads should get non -availability certificate from the Director Food and Supplies, Haryana and only they can make other appointments. On 21.11.1978, the Petitioner was appointed as Clerk in HUDA in the same pay scale and he resumed the duty on 30.11.1978. The Chief Administrator HUDA vide letter dated 03.06.1980 (Annexure P -4) in view of the Haryana Government Policy took decision and gave the benefit of past service in the Food Supplies towards increment and pay of the Petitioner was protected by giving benefit of past service. The Petitioner vide his representations Annexures P -7 and P -8 requested that he be granted the benefit of past service towards qualifying service as the previous service was under the Haryana Government and on pensionable post. However, his claim was rejected. Learned Counsel for Respondent No. 2 and 3 while opposing the prayer of the Petitioner submitted that the Petitioner had joined the department as Sub -Inspector, Food and Supplies Haryana on 13.04.1973 through the Employment Exchange on ad hoc basis as stop gap arrangement. His services were terminated on 11.09.1978. However, as per CSR Vol.II, Part -I under Rule -6.16(1) and 3.17 in the case of an officer retiring on or after 5th January, 1961, if he was holding substantively permanent post on the date of his retirement, his temporary or officiating service under the State Government without interruption by confirmation in the same or another post shall count in full as qualifying service except in respect of: (i) Period of temporary or officiating service in non -pensionable establishment. (ii) Deleted (Vide No. 1/2(55)88 -2FR -II dated 04.02.1992.) (iii) Period of service paid from contingencies.
(3.) THE Petitioner remained posted in Food and Supplies Department on ad hoc basis w.e.f. 13.04.1973 to 11.09.1978 and this period cannot be counted for the purpose of qualifying service for pensionary benefits as per State Government Letter No. 2179 -IFR -74/20589 dated 11.06.1974, whereby, the State Government had decided not to count the ad hoc services of the employee whose services had not been regularized in either of department by the Public Service Commission/Subordinate Service Selection Commission (now Staff Selection Commission).;